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DUI underage in CA, what to do?

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abolition

Junior Member
Hello,
I'm in California, 19 years old, got a DUI early this morning (right in front of my house in fact) with BAC of 0.08 according to the second Breathalyzer (officer said the first one was a preliminary). To my understanding under the zero tolerance policy my license will be suspended for a year, is there any possibility to obtain a restricted license to get to school and back? Also, is jail time very likely for a first time offender? I'm considering getting an attorney also, would this be fruitless in my case? Any info is appreciated very much. Also, should I request a hearing from the DMV? I have 10 days to do that, but I am not sure if I should or not.
 


CdwJava

Senior Member
abolition said:
is there any possibility to obtain a restricted license to get to school and back?
Yes, it IS possible. You'll have to ask the court, and you may have to serve a short term of suspension first.

Also, is jail time very likely for a first time offender?
Possible, yes - likely, no.

I'm considering getting an attorney also, would this be fruitless in my case?
It is never a bad idea to soncult an attorney. Depending on how high your BAC was, an attorney might be able to negotiate a deal to a lesser offense that will not have as great an impact on your this time.

Also, should I request a hearing from the DMV? I have 10 days to do that, but I am not sure if I should or not.
There really is no reason NOT to request the hearing. If you do NOT request the hearing, you will lose your license in 30 days. If you do, you may well buy yourself som time.


- Carl
 

abolition

Junior Member
Thanks for the info.. I found that I was charged with a 23152 a & b, however, should I not have been charged with a vc 23140? Being that I am under 21 and had more than 0.05 BAC??? Is there a significant difference between the two charges? Is this something I could use to fight in court with, or at least raise issue with with the DA? Wouldn't a 23140 more be desirable as it carries a lesser penalty (as far as i can see). Clarification on the issue would be greatly appreciated.
 

CdwJava

Senior Member
23140 does not require impairment and does not have as severe a penalty as 23152(a) and (b). They are seperate offenses with differing elements.

- Carl
 

abolition

Junior Member
Well thanks for the help, I really appreciate it.

I've got one more concern.. I'm thinking about asking the court for a public defender to represent me... I'm a full time student with not much money and I don't have an income.. however, if i borrow some money from family and what not, I could swing it to hire a private attorney.. I know both should provide the same quality of service, but with a particular case like this (19 years old, dui 0.08 bac, pulled over right in front of my drive way, released to parents), would a private attorney be "better" then a public defender? Or should I just save whatever little money I have for the court fee's? Any and all opinions on the matter are very welcome. Thanks again.
 

CdwJava

Senior Member
Both are attorneys, and neither are likely DUI experts. The advantage of a private attorney is that he might be a more zealous advocate for you ... the disadvantage is that his zeal will cost you $100 per hour (or more). A public defender usually knows the local system and players very well, but in some counties he or she might be overwhelmed. It can be a mixed bag.

A private attorney will likely cost you a low end of $2,500, so keep that in mind.

- Carl
 

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